Children’s Wellbeing and Schools Act 2026

While the Act is wide-ranging, most of its impact will be felt over time rather than immediately. Many of the new duties will take effect through statutory guidance and secondary legislation that is still being developed. Schools are not expected to make changes straight away, but governing bodies and trust leaders should understand the direction of travel and begin planning accordingly.

Set out below are some of the most important developments arising from the Act.

Closer alignment between academies and maintained schools
One of the clearest themes of the Act is a move to reduce regulatory divergence between academy trusts and maintained schools. Once the relevant provisions come into force, academies will be required to:

• Employ teachers who hold, or are working towards, Qualified Teacher Status (QTS)
• Ensure Early Career Teachers (ECTs) complete a statutory induction period
• Apply national minimum teacher pay arrangements
• Deliver the national curriculum

These changes are likely to require academy trusts to review workforce planning, pay policies, curriculum provision and contractual documentation.

Trust the wide Ofsted inspections
The Act creates a legal basis for academy trust-level Ofsted inspection, moving scrutiny beyond individual schools within a trust. At this stage:

• No inspection framework has been published
• No inspections have taken place
• Ofsted is expected to consult with the sector before implementation

Although details are awaited, trust boards should anticipate greater emphasis on central governance, oversight, standards and assurance arrangements.

Universal free breakfast provision in primary schools
All state-funded primary schools will be required to offer free breakfast clubs, with provision intended for all pupils, not solely those meeting disadvantage criteria. The government has already begun phased implementation across selected schools, with further rollout expected. Statutory guidance set expectations around delivery and content, meaning schools will need to ensure provision is sustainable, compliant and appropriately supervised.

Managing pupil use of smartphones
Current government guidance on mobile phones will move from advisory to statutory status. Schools will be expected to operate a policy that prohibits the use and possession of smartphones during the school day, subject to limited exceptions. These are expected to include sixth form settings, boarding arrangements and medical needs. For many schools, this will formalise existing practice, but it will also strengthen the expectation of consistency and enforceability.

New statutory approach to allergy safety (“Benedict’s Law”)
From September 2026, schools will be required to comply with Benedict’s Law alongside new statutory guidance on allergy management. The guidance, once finalised, will set out minimum expectations for identifying, managing and responding to allergies in school settings. Although the detail is still awaited, schools may wish to review their current procedures to ensure staff training, communication and emergency responses are effective.

Tighter controls on the cost of school uniform
Added: Updated statutory guidance is expected to reinforce affordability requirements for school uniform from September 2026. Under the proposed approach:

• Schools should restrict compulsory branded uniform and PE items to a maximum of three
• Secondary and middle schools may include one additional branded item if this is a tie

The DfE has advised schools to have regard to the draft guidance now, particularly where uniform policies or supply arrangements are under review.

Social media and under-16s
The Act provides the government with powers to introduce restrictions on social media use by children under 16. These powers enable future action following consultation and do not impose immediate obligations on schools. However, they signal increased regulatory attention on children’s online engagement, which may feed into safeguarding expectations and digital wellbeing policies.

What does this mean in practice?
For now, the Act should be seen as strategic rather than operational. Schools and trusts should not rush to make changes, but should:

• Monitor emerging statutory guidance and regulations
• Build anticipated requirements into governance and policy review cycles
• Begin high-level impact assessment, particularly for academies and primary schools

We will continue to update our guidance as further detail is published and timelines become clearer.